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In criminal law, the intoxication defense is a defense by which a defendant may claim diminished responsibility on the basis of substance intoxication.Where a crime requires a certain mental state (mens rea) to break the law, those under the influence of an intoxicating substance may be considered to have reduced liability for their actions.
If a man, whilst sane and sober, forms an intention to kill and makes preparation for it, knowing it is a wrong thing to do, and then gets himself drunk so as to give himself Dutch courage to do the killing, and whilst drunk carries out his intention, he cannot rely on this self-induced drunkenness as a defence to a charge of murder, nor even ...
In the United States, the United Kingdom, and Australia, public intoxication is a crime (also known as "being drunk and disorderly" or "being drunk and incapable"). [44] In some countries, there are special facilities, sometimes known as "drunk tanks", for the temporary detention of persons found to be drunk.
The House of Lords was mainly concerned with the extent to which self-induced drunkenness could be a defence to offences of specific intent and basic intent, the latter encompassing recklessness. The Lords ultimately ruled that self-induced intoxication could be a defence to specific intent, but not to basic intent, i.e. recklessness.
Image credits: Pm_me_clown_pics3 #2. My S.O. went out for drinks with a girlfriend. When I picked her up she was hammered drunk. Anyway, she couldn't stop talking about the bartender.
(b) substantially impaired D's ability to do one or more of the things mentioned in subsection (1A), and (c) provides an explanation for D's acts and omissions in doing or being a party to the killing. (1A) Those things are - (a) to understand the nature of D's conduct; (b) to form a rational judgment; (c) to exercise self-control.
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Accordingly, it only possible to say that the defence cannot argue that intoxication provides a defence, where recklessness has been shown on the fact, in crimes of basic intent. It is possible that the prosecution would be allowed, in certain circumstances, to dispense with the original mens rea entirely and rely solely on the voluntary ...